Were you bitten by a dog owned by a stranger or even a friend? Under Ohio’s dog bite laws, you may be entitled to file a claim against the dog’s owner to seek fair compensation. Typically, the dog’s owner will be represented by their homeowner’s insurance company, as most policies cover animal attacks that occur on the property.

While this often means you might secure higher compensation than if you were pursuing a claim directly against an individual’s personal assets, it also means you’ll be up against experienced legal professionals who specialize in defending against such claims.

Prepare yourself by having Charles E. Boyk Law Offices on your side. Our Fremont dog bite injury lawyers are dedicated to fighting insurance companies for those wrongfully injured, drawing on more than 100 years of combined experience in advocating for justice.

What to do if you are involved in a Fremont Dog Bite Case

Taking prompt and comprehensive action after a dog bite is crucial for both your health and any potential legal claim. Here’s a summary of the steps to follow:

1. Clean the Wound Immediately:
   1. Wash Thoroughly: Use warm water and soap to clean the wound for several minutes. This helps remove dirt and bacteria.
   2. Apply Antiseptic: After cleaning, apply an antiseptic cream and cover with a sterile bandage.
   3. Seek Medical Attention: If the bite is deep, or if you have difficulty cleaning it properly, get medical help right away. Dog bites can lead to infections, and in some cases, rabies or tetanus.
2. Identify the Dog and its Owner:
   1. Obtain Information: Get the dog’s owner’s name, contact information, and any relevant details about the dog (such as vaccination history).
   2. Report to Authorities: If the dog is a stray or if the owner is unknown, report the incident to local animal control or police. This is critical for tracking potential rabies cases and preventing future incidents.
3. Gather Evidence:
   1. Photograph the Injury: Take clear photos of the bite wound and any other injuries.
   2. Document the Scene: Capture images of the dog, its owner, and the location where the attack occurred.
   3. Collect Witness Information: Obtain contact details from any witnesses who saw the incident. Their testimony may be important in a legal case.
4. Contact an Attorney:
   1. Seek Legal Advice: Consult with a personal injury attorney who specializes in dog bite cases. They can provide guidance on your rights, help you navigate the legal process, and pursue compensation for medical expenses, pain and suffering, and other damages.
   2. Timely Action: Legal claims can be subject to statutes of limitations, so it’s important to act promptly to ensure your case is handled effectively.

Taking these steps not only aids in your recovery but also strengthens any potential legal claims you might pursue. It’s important to prioritize your health and legal rights following such an incident.

Causes of Dog Bites

Dogs may bite for various reasons, often influenced by their environment or current circumstances. Stressful situations can lead to defensive biting as dogs attempt to protect themselves or their territory. Similarly, fear or being startled can provoke a bite. Additionally, dogs might bite to protect valuable resources, such as their food, toys, or puppies.

Health issues can also make a dog more likely to bite. If a dog is in pain or unwell, it may become more irritable and prefer to be left alone. Play behavior, such as nipping during rough games, is another common cause of bites. Although play biting is natural, it can be dangerous if not managed properly. Engaging in rough activities like wrestling or tug-of-war can overly excite a dog, leading to accidental bites.

To create a safer environment for both dogs and people, it’s crucial to understand these triggers and take preventive measures. Responsible dog ownership, combined with proper training and socialization, plays a vital role in reducing the risk of dog bites. By addressing these factors, we can ensure more harmonious interactions and enhance safety for everyone involved.

Elderly Woman Reaches out to Boyk Law for Injuries from Loose Dog

Our client was walking down a public street when she was confronted by a loose dog. She tried to avoid the dog, but the dog attacked her and bit her leg severely. She required a bone graft and continued wound care. We secured $100,000 from the dog owner, which was the maximum policy limit for their insurance. We were able to help our client make the best out of a bad situation.

Dog Bite Statistics

Dog bites are a significant issue in the United States, as evidenced by various statistics. The Centers for Disease Control and Prevention (CDC) reports that about 4.7 million dog bites occur each year, with approximately 800,000 requiring medical treatment. Children under 12 are particularly at risk, and dog bites result in around 20 deaths annually.

Other sources provide additional details on this issue. The American Veterinary Medical Association estimates that there are around 4.5 million dog bites annually, with children aged five to nine being the most affected. Males are more frequently bitten than females, and attacks often involve dogs belonging to friends or family. In 2021, the United States Postal Service documented 5,803 dog bites among its employees. Additionally, Woofdog.org reported that 27,000 people underwent reconstructive surgery for dog bites in the same year. These statistics underscore the critical need for responsible pet ownership and effective measures to prevent dog attacks.

Infirm Client Further Injured by Dog Bite

Our client was wheelchair-bound, as he had already lost one leg to diabetes. He was at a family picnic, when a loose neighborhood dog attacked his remaining leg. This attack left our client with a large open wound. The wound became infected, and took six months of active wound care treatment to heal. There was a legitimate fear that our client would lost the only leg they had left. There were several issues with this case. First, we had to find the dog’s owner. Second, we had to compel them to give us their insurance coverage. Phone calls and letters (unsurprisingly) went unanswered. We filed a lawsuit, and immediately moved into evidence discovery. The dog’s owner was a resident of a house, but not a named insured on the home’s insurance policy. The insurance company initially denied coverage, but after some paper discovery they submitted to our demands for $100,000 in policy limits. We then negotiated down the liens from our client’s health insurance in order to maximize the recovery amount for our client.

Ohio Dog Bite Liability Law

In Ohio, the legal framework for handling dog bite cases is indeed more straightforward compared to states with a “one bite” rule. Ohio operates under principles of strict liability and negligence, making it easier for victims to hold dog owners accountable. Here’s a closer look at how these principles work:

Strict Liability in Ohio

Under Ohio law, dog owners are subject to strict liability for injuries caused by their pets. This means:

• No Prior Knowledge Needed: Victims do not need to prove that the dog had a history of aggression or that the owner was aware of any dangerous tendencies. The key factor is that the bite or injury occurred, regardless of the dog’s previous behavior.
• Owner Responsibility: Dog owners are expected to maintain reasonable control over their pets and ensure they do not pose a risk to others. If a dog causes harm, the owner can be held liable without the need to prove negligence or prior knowledge of the dog’s propensity to bite.

Negligence in Ohio

In addition to strict liability, a dog bite claim in Ohio may also be based on negligence. This involves:

• Owner’s Failure to Exercise Reasonable Care: If the injury was caused by the owner’s failure to properly restrain or control their dog, a negligence claim might be appropriate. For instance, if an owner did not secure their dog properly, or if they failed to address known aggressive behavior, they could be found negligent.
• Proof Required: In a negligence claim, the injured party must prove that the owner’s actions or inactions directly contributed to the injury. This includes showing that the owner had a duty to control the dog, breached that duty, and that the breach resulted in harm.

Exceptions to Ohio’s Dog Bite Statute

1. Provocation: A dog owner is not liable for injuries if the victim was teasing or harassing the dog while on the owner’s property before the attack. In other words, if the injured person provoked the dog, the owner may not be held responsible.
2. Criminal Activity or Trespassing: The owner is not liable if the attack occurred while the injured person was trespassing or engaging in criminal behavior on the owner’s property. In such cases, the dog’s owner can claim self-defense, asserting that the dog was protecting itself or the property from unlawful actions.

These exceptions allow dog owners to raise an affirmative defense if the attack was provoked or occurred during illegal activities.

Ohio’s approach to dog bite cases aims to provide clear avenues for victims to seek justice and compensation. By holding dog owners strictly liable, the law ensures that those who are injured by dogs can pursue claims without the burden of proving prior knowledge of aggression. This legal framework supports public safety and encourages responsible pet ownership.

Boyk Law Helps Fifth Grader Recover from Vicious Dog Bite While on Vacation

Our young client was excited to go on vacation with his family, and while there met another young boy with a ‘friendly’ dog. When he reached out to pet the dog, the dog bit our client on the face. The result was permanent scarring to his bottom lip and chin. Our office investigated the attack and tracked down the owner of the dog. We researched the history of this same dog biting others and hired professional photographers to show the difference between our client’s face before and after the attack. Our plastic surgeon estimated future surgery costs, and we factored those costs when we won a structured settlement for our client’s future healthcare and education costs.

What kind of Damages can you seek in a Dog Bite Claim?

Medical treatment for severe dog bites can be extensive and complex. Immediate emergency care is often required to control bleeding and perform necessary reconstructive surgery. Hospitalization might be needed to monitor the wound and prevent infection, ensuring that the injury heals properly. Dogs’ mouths are breeding grounds for bacteria, making any dog bite susceptible to serious infection. Larger dogs can cause significant injuries, including broken bones, deep cuts, and dislocated joints.

In addition to physical injuries, a dog bite can cause significant emotional and psychological trauma. Many victims develop a deep-seated fear of dogs, even those they have known and trusted for years. This anxiety can severely impact their daily lives and should be considered when filing a claim. Such emotional distress is classified as noneconomic damage and is an important aspect of compensation.

Ohio law also allows for punitive damages in certain dog bite cases. These damages are designed to punish the defendant for egregious negligence and to deter similar conduct in the future. For example, if a dog owner permitted a large, aggressive dog with a known history of aggression to roam unsupervised and without a leash, they could face punitive damages if the dog caused a bite. These additional damages serve as a penalty for gross negligence and are intended to address and rectify unacceptable behavior.

Boyk Law Secures Policy Limits for Future Surgeries

Our client, a baby at the sitter, was on the floor drinking from her bottle. The babysitter’s dog grabbed the bottle and, in the process, bit the baby in the face. The baby was rushed to the emergency room, where she received stitches. A plastic surgeon determined that surgery could improve our client’s permanent facial scars, but that the visible damage would be permanent. We made a claim against the babysitter’s insurance policy and received policy limits for our client. The dog bite settlement was approved by the probate court, and we created an annuity for the child so she could use the funds for a future surgery, college education, or home purchase when she reaches adulthood.

Contact a Fremont Dog Bite Attorney Today

If you’ve been attacked by a dog, you need an experienced attorney to navigate your case and secure the compensation you deserve. Here at Boyk Law, we can help you understand your rights, gather necessary documentation, and work towards obtaining fair restitution for your injuries. Your health and well-being are paramount, and with the right legal support, you can focus on your recovery while we handle the complexities of your case.

It’s important to note that Ohio Revised Code 2305.10 mandates that any personal injury claim, including those related to dog bites, must be filed within two years from the date of the injury. Therefore, acting promptly is crucial. Reach out to our attorneys today to ensure that you hold the dog owner accountable and secure the compensation you deserve.

Reach out to us today to for a free case evaluation and discover how we can assist you in getting the justice and financial recovery you need. Let us put our expertise to work for you and support you every step of the way.